2007-113-RES-Approving and Authorizing the execution of the fifth amended landfill service contract between the City of Paris and Waste Management of Texas

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RESOLUTION N0. 207-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF THE FIFTH AMENDED LANDFILL SERVICE CONTRACT BETWEEN THE CITY OF PARIS AND WASTE MANAGEMENT OF TEXAS, INC., SUCCESSOR-IN-INTEREST TO WASTE MANAGEMENT COMPANY DB/A B&B EQUIPMENT COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, since 1983, the City of Paris has contracted with Barney Bray III, d/b/a B&B Equipment Company and his successor-in-interest, Waste Management of Texas, Inc. ("Contractor") for landfill services at Contractor's landfill at 3100 County Road 33900, Powderly, Texas; and, WHEREAS, during this time, the City and Contractor have amended and extended their landfill services agreement many times, the most recent extension being the Third Amended Landfill Service Contract approved by the Paris City Council on August 11,1997 by Resolution No. 97-091; and, WHEREAS, the Third Amended Landfill Service Contract provided for a ten (10) year term beginning October 1,1997 and expiring September 31, 2007; and, WHEREAS, on or about October 11, 1999, the City of Paris and Contractor executed a Fourth Amended Landfill Service Contract to reflect a change of ownership of the landfill from Barney Bray III, d/bla B&B Equipment Company to Waste Management of Texas, Inc. and to make certain changes to the price structure of the contract, but the contract term remained the same; and, WHEREAS, City and Contractor now desire to extend the term of their landfill services contract for an additional three (3) years and provide an option for successive three (3)-year renewal terms thereafter, and to make certain other changes to the terms and provisions of the Landfill Service Contract; and, WHEREAS, the City Council of the City of Paris hereby finds and determines that it is in the best interests of the City of Paris and its citizens to amend the Landfill Services Contract with Waste Management of Texas, Inc. to extend the term of the contract an additional three (3) years and provide an option for successive three (3)-year renewal terms thereafter, and to provide for additional changes to the terms and conditions of the contract; and, WHEREAS, the form of the Fifth Amended Landfill Service Contract with Waste Management Company of Texas, Inc., attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris, should be authorized to execute the same;